This week, the Chinese navy and air force carried out extensive operations—some of them unprecedented—in and around Japanese, Taiwanese, and American territorial waters.
Software and computer systems are a standard target of intelligence collection in an age where everything from your phone to your sneakers has been turned into a connected computing device. A modern government intelligence organization must maintain access to some software vulnerabilities into order to target these devices. However, the WannaCry ransomware and NotPetya attacks have called attention to the perennial flipside of this issue—the same vulnerabilities that the U.S. government uses to conduct this targeting can also be exploited by malicious actors if they go unpatched.
If Preisdent Trump were to remove Robert Mueller as special counsel, this would be a grave breach of constitutional norms. But constitutional crisis would set in only if congressional Republicans failed to hold the president to account.
Just as law enforcement can pursue a number of different alternatives to mandating encryption backdoors, so too can privacy advocates take steps beyond encrypting their data to ensure their privacy.
One way to predict the likelihood that Senate Majority Leader Mitch McConnell will achieve the simple majority or supermajority needed for "clean" reauthorization of Section 702 is by looking at the voting history of serving senators.
What are the proper criteria for resignation when one works in senior governmental positions for a President who displays disdain for truth-telling, the rule of law, norms of investigatory independence, and respect for the decisions of the senior Justice Department officials he appointed?
Notes on a classic in the age of Trump.
Chapter 3 of Charles Black, Jr.'s Impeachment: A Handbook.
Lawfare’s weekday roundup of national security news and commentary.
The president’s comments raise questions about the nature and structure of his legal defense, and about the further harm Trump may have done to his legal position.
China's new National Intelligence Law places ill-defined and open-ended new security obligations and risks not only on U.S. and other foreign citizens doing business or studying in China, but in particular on their Chinese partners and co-workers.
DOJ independence is holding up pretty well under Trump's onslaught.
In an interview with the New York Times, President Trump yesterday issued a stunning vote of no-confidence in basically everyone currently in a leadership position in the Justice Department, the FBI, or the special counsel’s office.
The Supreme Court balances the equities again and avoids giving either side all of what it seeks on the merits.
The Senate questions FBI Director nominee Christopher Wray. Democrats file suit against the Trump campaign over leaked emails. And the UAE is reportedly behind a cyber attack that led to upheaval in the Gulf region.
Lawfare’s weekday roundup of national security news and commentary.
The 55-page document of responses to questions for the record that Christopher Wray submitted to the Senate Judciary Committee.
The US-UK law enforcement data exchange Agreement (should it ever be authorized by Congress) would be a positive step in regularizing the process of cross border data exchange and preventing the balkanization of the network. Fears that it is overbroad, that UK judges lack independence, or that the UK's law enforcement powers are not subject to review are themselves mistaken and a bit overblown. They also lack a due regard for the integrity of the UK democratic process.
Hawaii responded to the government's request to stay the Hawaii District Court's injunction against the definition of "bona fide relationship."
[email protected], Michel Paradis assesses whether members of Donald Trump's inner circle could be prosecuted under the Espionage Act for a meeting with Russians.